New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-19
AGAINST THE STEWART WILL
ACoNrEsr BY PRESCOTT HALL BUTLER.

THE TRUST CLAUSES OF MRS. A. 7. STEWARDS
LAST TESTAMENT SAID TO BE TOO INDEFINITE.
Like most testamentary documents distributtnn
large amounts Of money and property, the va,idit1
Of the will Of Mrs. A. L. Stewart is brought In
question by one of the heirs and the courts win
be called upon to decide tho matter. The con
testant in this instance is Prescott Hall Butler.
nephew Of Mrs. Stewart and member Of the
law firm Of Evarts, Choate and Beaman. which
has been engaged to prosecute the case.
The first step in the suit was taken ON Wednes-
day, when notice Of tendency Of action Wa
fled simultaneously in New-Yoriy, Queens West
chester and Saratoga Counties. in each of which
is property affected by the will. Copies Of the
notices were sent by Q special messenger from
the Office of Evarts, Choate q Bcaman ~ the
clerks Of the several counties and they were in.
structed by telegraph to file them at exactly
10 a. NJ
The principal ground upon which action Il
brought is the general indefniteness of the trust
clauses of the will. which are alleged to confer
unusual powers upon ex-Judgc Henry Hilton. a.
trustee, and to leave TO his discretion almost
entirely the management and disposition of tho
vast estate. 1t Is calmed that the trust thus
created is contrary to the spirit and the letter of
the law, and the decisions of the Court Of Aps
peals In many similar cases are pointed to -
upholding these claims 1t is also understood
that the complaint will charge that ex-Dudge
Hilton, who was A. I. Stewards legal adviser
and warm personal friend for many years. and
was beneficiary by his will and who had alnose
entire charge Of the estate during Mrs. A. Z.
Stewards widowhood used undue influence upon
her to induce her to SO extraordinary q trust to
him.
Mr. Butler hopes to establish that the apparent
devise by Mrs. Stewart Of one-half her residuary
estate to cx-Judge Hilton, upon trust or other.
wise, Is void SO far as concerns the real estate
in this State and that such real estate descendl
to the heirs-at-law, as in the case Of intestacys
free from the trusts and powers in reference to
the same plIrporting to have been conferred or
cx-Judge Hilton. He also sues to annul set
aside and render imperative any rover Of sale
and for the partition of the real estate among the
heirs-at-law.
The document which was filed ut the S,lrro
gates Office on November 2. 1886, as the last will
and testament Of Mrs. Stewart had attached to 10
four codicils. The will proper executed on
July 5. 1877, III the presence Of Henry I. Dawes
James Henry Work and Edward b. Hilton. u
contains eleven clauses. BY 1t Charles T. Chnch
Mrs. Stewards brother. receives an annuity OF
| S2O, 900, Anna Emma and Julia Clinch her thrcs
sisters, annuties Of $4,000 each; Sarah ~
Smith, her niece and the wife of ey-Judge j.
Lawrence Smith. Of SmithtOwn, Is bequeathed
$3.50, 900; ; Cornelia S. Butler. s2o0,000 Lawrence
and Charles S. Butler, the latter's childrens
$50 900 each; Kate A. Smith, 100000; Louise,
Ella, Bessie and James Smith, children of Sarah
y. Smith, 100000 each; and Rosalie. Helen.
Virginia, Lillian Maxwell and Prescott Butler,
nieces and nephews, s5C,oOo each. AL
the remainder Of the property n
given to her nephew, Charles J. Clinch, who
has for several years lived in Paris. and ex-
Judge Hilton In equal shares, and to emphasize
the extent Of this gift the clause is added "and
to their respective heirs and assigns forever
Messrs. Clinch and Hilton are appointed executors
and have full power to dispose Of the estate In
the way they should deem best One OF the
clauses provides that none Of the legaces shall be
payable until three years from the date OF the
final probate Of the will.
| The first codicil executed on May %, 1878.
| and was witnessed by Edward B. Hilton and
James Henry Work In this ex-Judge Hiltond
portion CT the estate is made O trust, and In ~
are some of the clauses which will be attacked
| in the forthcoming suit. The first clause, after
defining what shall constitute the trust, orders
that the proceeds of it shall be used to complete the
stewart memorial church at Garden City, to make
it free church and cathedral for the Protesting
Episcopal Diocese Of Long Island. and directs the
trustee to endow it " in his discretion with such
sum of money as will in his Judgment be sufficient
to maintain it forever as the cathedral church Ok
| the diocese" with provision for the Bishop ana
assistants. The trustee is further ordered 10
construct and endow two buildings adjoining tne
| cathedral to be used as schools and scminaries'
| and such other buildings and institutions as ne
and the Bishop may deem necessary or ex-
pedicntu The matter Of endowment is lett Id
| all instances to Mr.. Hilton.
| The second clause empowers the trustee to en-
ploy such assistants "as he shall deem necessary
| To assist him in executing the trusS.
Tho third directs that the build.
ings provided for shall be erected
on so much and such parts of the lands known
as Hampstead Plains as the trustee shall consides
/ fho
| In the fourth clause the trustee is authorizes
to transfer the buildings upon completion TO tho
Protestant Episcopal Church OF the Diocese on
Long Island and to endow them IN MS ois-
cretion' "wth such sum of money as may IN
b,s opinion be sufficient to permanently main"
| tain the same"
Ex.Judce Hilton in the fifth clause, is eni-
| nowcred In all conveyances, transfers and endow-
ments to make such terms and conditlohs rs no
NAV "in his discretion and Judgment see Ill 70
im1ose.r and 1t is decreed that in case OF vio-
iotion OF any Of the conditions. the property and
| funds shall revert to Charles j. Cunch. Inc
| seventh clause of this cOdicil was intended
to discourage any effort To contest The wlil' ano
| is an follows:
For the PURPOSE of making my said will and this codIcl
nd Of Kin do hereby declare that II any heir
next Of kin :Sa S directly or
an acting party to any proceeinS 70 -. aS % viii or h,s
sodc Sin 4. such act proceeding shall operate and
~ sffectual as release OF All claim on ING
Usrt Of such heir to kin or lega,ee to any part Of
r nranerty or estate and any provision OF my Will
,aydr S ~ suoh party do hereby abrogste annul and
make void And to the same end % 40 rner m rc
he entitled any other or greater interest IN my
estate than is given in and by my said WILL
Similar clauses have been declared Imperative
when the legality of the Will or the rgnss gs
| of heirs were IN question. Sou
oil oil No. No"' was signed on Jaly 2.
1873 In the discretionary powers OF tno ne russs
af ,hs nrone1ty included in the trust as he shall
deem and 1t specially ZIP provided ressss sss
s5Rsndss: vlsS.rty made or BY tr%se a 'ss
to Ssc,ed du0t herewith With shall be allowed HIM
Without further proof than the fact that the ex-
nenditure was made and that, in his opinion, tho